A/HRC/10/69 Page 11 57. The United Kingdom enquired about the database of all treaties to measure progress against domestic legislation. It recommended that steps be taken to abolish capital punishment, enquired about the level of public debate on the death penalty, and expressed concerns that the family or lawyers representing inmates are not formally informed in advance of the date of execution and the body is not returned to the family for private burial, and asked how this issue is being addressed. The United Kingdom also noted prison overcrowding and the large proportion of persons held on remand in prison. Noting the Human Rights Committee’s recommendation that Botswana increase efforts to ensure that detainees are treated with humanity and dignity, live in healthy conditions and have adequate access to health care and food, the United Kingdom asked how Botswana is addressing these issues. It noted that Botswana is addressing issues such as domestic violence through the Domestic Violence Bill, although the reporting of incidents still remains low. The United Kingdom also noted the insufficient capacity of law enforcement agencies to respond to domestic violence appropriately. It recommended that the Government of Botswana take further steps to strengthen the application of the domestic violence bill and the Abolition of Marital Power Act. It enquired about Botswana’s intention to ensure access to services throughout the country, particularly for minority groups in rural areas. The United Kingdom also asked about the consideration given to ensuring a more rights-based approach to development. 58. Djibouti recommended that Botswana double its efforts to improve conditions of detention in prisons and guarantee the compatibility of rights with cultural practice. 59. In response to additional comments, Botswana agreed that the Government must play a leading and cautious role in educating its people so as not to destabilize the country. 60. The Government noted that discrimination against ethnic minorities does not exist in Botswana. A commission was established to look at some of the provisions of the Constitution that appeared to be discriminatory or dealt with issues that are sensitive to ethnicity. It noted challenges faced as a multicultural and multilingual country and that it was in the process of encouraging different ethnic groups to develop their language with a view to having these languages taught in school in the future, provided there are resources and capacity. 61. Botswana referred to its programme for orphans, which includes the provision of free health care, education, counselling, and other social services. 62. Zambia encouraged Botswana to continue to address the disparities and extent of the application of the Marital Act to customary and religious marriages. It called upon the Government to continue its good work in the area of HIV/AIDS and to address the issues raised by treaty bodies in the report prepared by OHCHR. Zambia enquired about challenges in the implementation of the National Plan of Action for Children and if the draft bill on the domestication of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child were tabled before parliament in November 2008. 63. Italy expressed the hope that the national debate on the death penalty would be reopened and involve all civil society, and that the Government would educate the general public on the resolutions adopted by the General Assembly on the death penalty in 2007 and 2008. It recommended that Botswana establish a moratorium on the use of death penalty with a view to abolishing capital punishment in its national legislation. Italy expressed concern over the conditions of detainees as prison establishments are overcrowded, insufficiently lit and lacking basic services, such as water. Italy recommended that Botswana align its legislation and practice

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